3 Nov 1999
NEW ASIA ENERGY LTD. v. CONCORD OIL (HONG KONG) LTD.
- Citation
- NEW ASIA ENERGY LTD. v. CONCORD OIL (HONG KONG) LTD.
- Court
- Court of Appeal
- Case number
- CACV347/1998
The injunction granted ex parte was properly discharged because New Asia failed to disclose matters which it could reasonably have expected Concord to rely on (notably the real prospect Concord would allege breach of clause 14(vi)); however, there was insufficient evidence that non-disclosure involved deliberate withholding to justify indemnity costs, so the indemnity costs order was set aside and costs below ordered to be taxed on the ordinary basis; New Asia ordered to pay half of Concord's appeal costs.